Comentário sobre Levítico 19:14

לא תקלל חרש THOU SHALT NOT CURSE THE DEAF — I have here only the law that one must not curse the deaf: whence do I know that any person is included in this prohibition and that the meaning is, Thou shalt not curse even the deaf? Because Scripture states (Exodus 22:27) "Thou shalt not curse בעמך, anyone among thy people". But if this be so why does Scripture say חרש and does not use some more general expression? It does so in order to offer an analogy: What is the case with the חרש? He is one who cannot hear your curse and therefore cannot feel aggrieved, but he has the characteristic of being a living person! The same applies to all living, thus excluding a dead person, who though he cannot hear and feel aggrieved, is not living (Sifra, Kedoshim, Section 2 13; cf. also Sanhedrin 66a).

THOU SHALT NOT CURSE THE DEAF. “From this verse I know only [that one may not curse] the deaf. Whence do I know that one may not curse anybody? From the words of Scripture: Of thy people thou shalt not curse.⁵⁶Exodus 22:27. If so, why does it state [here] ‘the deaf’? It is to teach us that ‘the deaf’ has been singled out by Scripture [here] because [although he is unable to hear and feel hurt], he has the characteristic of being alive, thus exluding [from the scope of this prohibition] the dead [who, though they are like the deaf in their inability to hear and feel hurt], are unlike them in being no longer alive.” This is Rashi’s language, and so it is taught in the Torath Kohanim.⁵⁷Torath Kohanim, Kedoshim 2:13. But the interpretation of the Gemara⁵⁸Sanhedrin 66 a. is not so. Rather, Scripture first warned against [cursing] the dignitaries of the people, the judge or ruler, saying, Thou shalt not curse ‘elohim’ (the judges) nor curse a ruler of thy people.⁵⁶Exodus 22:27. Then it gave another admonition [here] against cursing the unfortunate ones of the people, like the deaf, and from them [i.e., from both classes of people, the distinguished and the unfortunate] we learn by a general proposition that we must not curse anyone of the rest of the people, since from beginning to end [from “the ruler” to “the deaf”] they are all included in this prohibition.⁵⁹Thus the prohibition against cursing anybody is not, as Rashi stated, derived from the phrase of thy people thou shalt not curse, but is rather based on the two prohibitions against cursing a ruler and the deaf, which include the highest stratum of the people as well as the unfortunate ones, and everyone else is naturally included in between these two categories. And the word b’amcha (of thy people — a ruler ‘of thy people’) is interpreted [by the Gemara] to mean⁶⁰Sanhedrin 85 a. only those who conduct themselves in the manner of thy people, thus excluding the wicked.
According to the plain meaning of Scripture, the verse mentions cursing the deaf [in order that we may deduce] that if in the case of one who cannot hear and will not become incensed by the curse, the Torah nonetheless admonished against cursing him, how much more so [is it prohibited to curse] one who hears and feels the insult, and will become hot-tempered because of it! Moreover, Scripture always admonishes against doing that which is frequent, for a person is inclined to curse the deaf and put a stumbling-block before the blind since he does not fear them, because they know not, neither do they understand.⁶¹Psalms 82:5. Therefore [it states here], and thou shalt fear thy G-d, Who sees the secret things. And He added another prohibition against cursing rulers, the prince and the judge,⁵⁶Exodus 22:27. because it is usual for people to curse them in their bed-chamber⁶²See Ecclesiastes 10:20. when in judging him he lets him go forth condemned,⁶³Psalms 109:7. and there are many harms that are caused by cursing a prince or a judge, for the masses of people in their foolishness will hate them and will thus be stirred to rise up against them, while in truth the prince and judge establish the land by their justice.⁶⁴See Proverbs 29:4: The king by justice establisheth the land.

At this point the Torah warns that one must not cause distress to one’s fellow man by undermining his dignity, his self image and the image he enjoys among his peers. Example are: לא תקלל חרש, this is a damage that the deaf person does not even become aware of. Next, the Torah discusses tangible damages, such as